Terms and Conditions of Use for the “Eni Corporate” App

These terms and conditions of use ("Terms and Conditions of Use") regulate the terms and conditions of the contractual relationship between Eni S.p.A. a sole shareholder, with its registered office at Piazzale Enrico Mattei 1, Rome, VAT no. 00905811006, Tax code and Rome Company Register registration no. 00484960588 ("Eni”), and the User for the latter's use of the mobile application known as "Eni Corporate" (the “App") owned by Eni, and for the use of the services offered by Eni through the App and described in further detail below.

Acceptance of the following Terms and Conditions of Use involves entering into an agreement ("Contract") between Eni and the User and is necessary in order to access and use the services provided by the App. By accessing or using the App or any of its features on any smartphone running iOS (version 15 and above) or Android (version 8/SDK 26 and above) or iOS tablet (version 15 and above) (collectively known as "Devices" and individually as a "Device"), the User confirms that they have read and agree to this Terms and Conditions of Use document.

1. 1 User access and restrictions

   1.1     1.1 After downloading the App from the Apple Store or Google Play store, it may be used for the following services (collectively known as "Services" and individually as a "Service"):

a.   Access to audiovisual content and information and details of an institutional, commercial and informative nature related to projects, business plans, road-maps and, more generally, Eni and Eni Group company objectives to achieve the 2050 carbon neutrality and decarbonization target;
b.   “Interactive experience” functionality and other IT and augmented reality tools to allow users a more immersive and more sensorially advanced enjoyment of the information and content on the App;
c.   Access to the contents of www.eni.com via web-view.

1.2     The App is free to use, but the user must be aware of the fees that their telephone operator will charge for internet access. The App may contain services and functions that are only available for some mobile devices. By using the App, the user accepts that Eni can communicate with them electronically on their device.
 

1.3    The App must be used in compliance with the applicable safety regulations. More specifically, the App must never be used under any circumstances whilst driving.
 

1.4     Eni also reserves the right to make third-party content, services or functions available to users within the App. Such content and services may operate independently of or interact with, or otherwise complement, the App and the Services. Third-party content and services may be subject to further terms, conditions and criteria imposed by the third party, as well as to the processing of any user personal data as governed by the notices made available by the third party. Eni is not liable for third-party content and services.
 

2. Satisfactory use

2.1      The user may:

a.    a. access and use any section and functionality of the App in accordance with the Terms and Conditions of Use and subject to the actual availability of the Services.

2.2      The user may not:

b.     copy, distribute, transmit, modify or tamper with the materials on the App in any way. These restrictions apply to all or part of the content:

c.     removing copyrights, trademarks or other intellectual property rights on the App;

d.    creating links to the App from other applications or sites;

e.     using the App (or any part of it) in any unlawful way, or in any way that does not comply with these Terms and Conditions of Use, or act intentionally in a fraudulent manner (e.g. hacking, inserting malicious code including viruses or malicious data) on the App or any other operating system;

f.    using the App in a way that damages, disables, overloads, endangers or compromises the security of Eni's systems or interferes with other App users;

g.   collecting information or data transferred from the App or to Eni's systems or attempting to decipher any transmission to or from the servers running any part of the App;

h.    circumventing or modifying any of the App’s security technology without Eni’s express written consent;

i.    using this App or any of its features for commercial purposes.

3. Intellectual property rights

3.1      The User expressly acknowledges that all texts, software, scripts, codes, designs, graphics, photos, sounds, music, videos, interactive features, trademarks, distinctive signs, names and all other contents on the App (the "Contents") and all industrial and intellectual property rights in this regard, including but not limited to copyright, know-how, trademarks, patents and databases, shall remain Eni’s exclusive property and/or that of their respective owners, and that no rights other than the right to exclusively personal use in accordance with these Terms and Conditions of Use are granted to the User in relation to the above.

3.2    More specifically, the user undertakes, among other things, not to create individual rights (whether for free or for a consideration) or exploitation of the Contents present on the App and the respective software and therefore, by way of example, undertakes not to reproduce them, transcribe them, make them the subject of representation or performance in any form whatsoever, disseminate them, communicate them to the public by any means, distribute them, translate them, lease them, publish them, disclose them, modify them, and create works based on them, either in whole or in part, in any other way that is not permitted under these Terms and Conditions of Use or by mandatory legal regulations.

3.3    The user also acknowledges that they are not authorised to create derivative works from or in any way attempt to discover any source code of the software used within the App even by means of decompilation and/or reverse engineering, or develop software products or applications based on it or that make use of it in any way. The user shall remain solely responsible for any claims made by third parties due to the improper use of the App and for the consequent violation of intellectual or industrial property rights or other third-party rights, as well as for the violation of any applicable provision of law, with express indemnity for Eni.

3.4    The databases on which the services offered within the App are based (hereinafter, the "Databases"), as well as the Content, are also protected by copyright pursuant to Law no. 633 of 22 April 1941, as amended (hereinafter, the "LDA"). The Databases are also the subject of significant investments by Eni, with their subsequent protection pursuant to Articles 102 bis and 102 ter of the LDA. For the purposes of the aforementioned protection, the only permitted use that the users may make of the Databases is that in accordance with these Terms and Conditions of Use. Under no circumstances shall these Terms and Conditions of Use be construed as granting users the right to extract or reuse all or a substantial part of the data..

4. Changes to the App, the Services and/or the Terms and Conditions of Use

4.1    Eni reserves the right to modify the Terms and Conditions of Use, as well as to modify, integrate and/or discontinue one or more of the components, functionalities or characteristics of the Services and/or the App for justified reasons (such as the optimisation and development of the Services and/or the App, developments of an extraordinary nature, the need to adapt to intervening legislative or regulatory changes, the need to deal with security problems, the need to deal with technical or economic requirements).

4.2    The changes will be made available by publication in the App and, except where otherwise regulated, the user will be informed of them in the manner described below. The changes shall enter into force immediately upon publication of the new Terms and Conditions of Use in the App. The date of publication shall coincide with the validity date indicated in the header of the Terms and Conditions of Use. It is the user's responsibility to check for updates on a recurring basis. In any case, Eni also reserves the right to inform the user of updates to the Terms and Conditions of Use by means of a communication in the App (e.g. through pop-ups, push notifications or other types of alerts). The use of the App after the entry into force of the amendments to the Terms and Conditions of Use shall imply the user’s automatic acceptance of the new Terms and Conditions of Use as amended. The right to early termination of the Contract due to the user deleting the App remains unaffected.

4.3     Any updates to the App will be made available through the Apple Store or Google Play from time to time. The user may not be able to use all or part of the App and/or the Services before downloading the latest version available in the stores; a minimum version of the operating system installed on the device that the user intends to use to install and use the App may be required.

5. 5. Transfer

Pursuant to and for the purposes of Article 1407 of the Civil Code, the user hereby consents for Eni to transfer its contractual position to another company within the Eni S.p.A. Group, which the User will be promptly notified about without this implying any less protection for the latter.

6. 6. Partial invalidity

Each of the clauses or sub-clauses of this document operates separately. The invalidity, illegality or ineffectiveness of any one clause or sub-clause of this document shall not affect the validity and effectiveness of the other clauses or sub-clauses.

7. 7. Suspension and Express termination clause

7.1    Eni reserves the right to prevent the user's access to the App or any of its features and/or the use of the Services in the event of any improper use, such as the violation of these Terms and Conditions of Use, without incurring any liability to the user.

7.2     This Contract shall be legally terminated pursuant to Article 1456 of the Civil Code, due to the occurrence of one of the following events:

a.    the user’s violation of even one of the prohibitions set out in Article 2.2;
b.    breach of even one of the security obligations set out in Article 3.

7.3    Legal termination shall occur when Eni informs the user, by means of a communication in the App (e.g. by pop-up, push notification or other type of alert), that it intends to avail itself of the express termination clause invoked. This is without prejudice to Eni's right to compensation for any damage suffered.

8. Communications
   

   For any questions or requests regarding the functionality and/or use of the App, you can send your report via the Contact page available at https://www.eni.com/it-IT/contatti.html.

9. Applicable law and Jurisdiction
   These Terms and Conditions of Use are governed by and shall be construed in accordance with the laws of Italy, and in the event of any dispute relating to these Terms and Conditions of Use or any dispute arising in connection with the use of the App between Eni and a user who qualifies as a consumer under Italian Legislative Decree no. 206/2005 et seq. shall have jurisdiction in the courts of the user’s place of residence or domicile. For all other cases, the Court of Rome shall have exclusive jurisdiction.

10. Acceptance of specific clauses
    Pursuant to and for the purposes of the provisions of Article 1341 of the Civil Code, the user also specifically approves the following clauses of the Contract in electronic format:
    Article 2 - Satisfactory use;
    Article 4 - Changes to the App, the Services and/or the Terms and Conditions of Use;
    Article 9 - Applicable law and Jurisdiction.
    

The Contract shall come into effect from the moment Eni has received the user's acceptance of these Terms and Conditions of Use in electronic format.